22370 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 

antidumping duty order on hand trucks 

and certain parts thereof (hand trucks) 

from the People’s Republic of China 

(PRC) would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, the Department is 

publishing a notice of continuation of 

the antidumping duty order. 

FOR FURTHER INFORMATION CONTACT: 

Mark Flessner or Robert James, AD/CVD 

Operations Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–6312 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 2, 2009, the Department 

initiated a sunset review of the 

antidumping duty order on hand trucks 

from the PRC pursuant to section 751(c) 

of the Tariff Act of 1930, as amended 

(the Tariff Act). See Initiation of Five– 

Year (‘‘Sunset’’) Reviews, 74 FR 56593 

(November 2, 2009). 

As a result of its review, the 

Department determined that revocation 

of the antidumping duty order on hand 

trucks from the PRC would likely lead 

to a continuation or recurrence of 

dumping and, therefore, notified the 

Commission of the magnitude of the 

margins likely to prevail should the 

order be revoked. See Hand Trucks and 

Certain Parts Thereof from the People’s 

Republic of China: Final Results of 

Expedited Five–year (Sunset) Review of 

Antidumping Duty Order, 75 FR 11120 

(March 10, 2010). 

On March 31, 2010, the Commission 

determined, pursuant to section 751(c) 

of the Tariff Act, that revocation of the 

antidumping duty order on hand trucks 

from the PRC would likely lead to a 

continuation or recurrence of material 

injury to an industry in the United 

States within the reasonably foreseeable 

future. See USITC Publication 4138 

(April 2010), and Hand Trucks and 

Certain Parts Thereof from the People’s 

Republic of China, 75 FR 20862 (April 

21, 2010). 

Scope of the Order 

The merchandise subject to this 

antidumping duty order consists of 

hand trucks manufactured from any 

material, whether assembled or 

unassembled, complete or incomplete, 

suitable for any use, and certain parts 

thereof, namely the vertical frame, the 

handling area and the projecting edges 

or toe plate, and any combination 

thereof. 

A complete or fully assembled hand 

truck is a hand–propelled barrow 

consisting of a vertically disposed frame 

having a handle or more than one 

handle at or near the upper section of 

the vertical frame; at least two wheels at 

or near the lower section of the vertical 

frame; and a horizontal projecting edge 

or edges, or toe plate, perpendicular or 

angled to the vertical frame, at or near 

the lower section of the vertical frame. 

The projecting edge or edges, or toe 

plate, slides under a load for purposes 

of lifting and/or moving the load. 

That the vertical frame can be 

converted from a vertical setting to a 

horizontal setting, then operated in that 

horizontal setting as a platform, is not 

a basis for exclusion of the hand truck 

from the scope of this order. That the 

vertical frame, handling area, wheels, 

projecting edges or other parts of the 

hand truck can be collapsed or folded is 

not a basis for exclusion of the hand 

truck from the scope of the order. That 

other wheels may be connected to the 

vertical frame, handling area, projecting 

edges, or other parts of the hand truck, 

in addition to the two or more wheels 

located at or near the lower section of 

the vertical frame, is not a basis for 

exclusion of the hand truck from the 

scope of the order. Finally, that the 

hand truck may exhibit physical 

characteristics in addition to the vertical 

frame, the handling area, the projecting 

edges or toe plate, and the two wheels 

at or near the lower section of the 

vertical frame, is not a basis for 

exclusion of the hand truck from the 

scope of the order. 

Examples of names commonly used to 

reference hand trucks are hand truck, 

convertible hand truck, appliance hand 

truck, cylinder hand truck, bag truck, 

dolly, or hand trolley. They are typically 

imported under heading 8716.80.50.10 

of the Harmonized Tariff Schedule of 

the United States (HTSUS), although 

they may also be imported under 

heading 8716.80.50.90. Specific parts of 

a hand truck, namely the vertical frame, 

the handling area and the projecting 

edges or toe plate, or any combination 

thereof, are typically imported under 

heading 8716.90.50.60 of the HTSUS. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the Department’s written 

description of the scope is dispositive. 

Excluded from the scope are small 

two–wheel or four–wheel utility carts 

specifically designed for carrying loads 

like personal bags or luggage in which 

the frame is made from telescoping 

tubular materials measuring less than 5/ 

8 inch in diameter; hand trucks that use 

motorized operations either to move the 

hand truck from one location to the next 

or to assist in the lifting of items placed 

on the hand truck; vertical carriers 

designed specifically to transport golf 

bags; and wheels and tires used in the 

manufacture of hand trucks. The written 

description remains dispositive. 

Continuation of the Order 

As a result of these determinations by 

the Department and the Commission 

that revocation of the antidumping duty 

order on hand trucks would likely lead 

to a continuation or recurrence of 

dumping and material injury to an 

industry in the United States, pursuant 

to section 751(d)(2) of the Tariff Act, the 

Department hereby orders the 

continuation of the antidumping order 

on hand trucks from the PRC. United 

States Customs and Border Protection 

will continue to collect antidumping 

duty cash deposits at the rates in effect 

at the time of entry for all imports of 

subject merchandise. The effective date 

of the continuation of the order will be 

the date of publication in the Federal 

Register of this notice of continuation. 

Pursuant to section 751(c)(2) of the 

Tariff Act, the Department intends to 

initiate the next five–year review of the 

order not later than 30 days prior to the 

fifth anniversary of the effective date of 

continuation. 

This five–year (sunset) review and 

this notice are in accordance with 

section 751(c) of the Tariff Act and 

published pursuant to section 777(i)(1) 

of the Tariff Act. 

Dated: April 22,2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–10012 Filed 4–27–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–838, A–331–802, A–533–840, A–570– 

893, A–549–822, A–552–802] 

Certain Frozen Warmwater Shrimp 

From Brazil, Ecuador, India, the 

People’s Republic of China, Thailand, 

and the Socialist Republic of Vietnam: 

Notice of Court Decision Not in 

Harmony With the Final 

Determinations and Amended Final 

Determinations of the Antidumping 

Duty Investigations 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 14, 2010, the United 

States Court of International Trade 

(‘‘CIT’’) sustained the remand 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 22371 

1See Notice of Final Determination of Sales at 

Less Than Fair Value: Certain Frozen and Canned 

Warmwater Shrimp From Brazil, 69 FR 76910 

(December 23, 2004) (Brazil Final Determination); 

Notice of Final Determination of Sales at Less Than 

Fair Value: Certain Frozen and Canned Warmwater 

Shrimp From Ecuador, 69 FR 76913 (December 23, 

2004) (Ecuador Final Determination); Notice of 

Final Determination of Sales at Less Than Fair 

Value and Negative Final Determination of Critical 

Circumstances: Certain Frozen and Canned 

Warmwater Shrimp From India, 69 FR 76916 

(December 23, 2004) (India Final Determination); 

Notice of Final Determination of Sales at Less Than 

Fair Value: Certain Frozen and Canned Warmwater 

Shrimp from the People’s Republic of China, 69 FR 

70997 (December 8, 2004) (China Final 

Determination); Notice of Final Determination of 

Sales at Less Than Fair Value: Certain Frozen and 

Canned Warmwater Shrimp from Thailand, 69 FR 

76918 (December 23, 2004) (Thailand Final 

Determination); Final Determination of Sales at 

Less Than Fair Value: Certain Frozen and Canned 

Warmwater Shrimp From the Socialist Republic of 

Vietnam, 69 FR 71005 (December 8, 2004) (Vietnam 

Final Determination); collectively the Shrimp AD 

Final Determinations. 

2See Notice of Amended Final Determination of 

Sales at Less Than Fair Value and Antidumping 

Duty Order: Certain Frozen Warmwater Shrimp 

from Brazil, 70 FR 5143 (February 1, 2005) (Brazil 

Amended Final Determination & Order); Notice of 

Amended Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty Order: 

Certain Frozen Warmwater Shrimp from Ecuador, 

70 FR 5156 (February 1, 2005) (Ecuador Amended 

Final Determination & Order); Notice of Amended 

Final Determination of Sales at Less Than Fair 

Value and Antidumping Duty Order: Certain Frozen 

Warmwater Shrimp from India, 70 FR 5147 

(February 1, 2005) (India Amended Final 

Determination & Order); Notice of Amended Final 

Determination of Sales at Less Than Fair Value and 

Antidumping Duty Order: Certain Frozen 

Warmwater Shrimp from the People’s Republic of 

China, 70 FR 5149 (February 1, 2005) (China 

Amended Final Determination & Order); Notice of 

Amended Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty Order: 

Certain Frozen Warmwater Shrimp from Thailand, 

70 FR 5145 (February 1, 2005) (Thailand Amended 

Final Determination & Order); Notice of Amended 

Final Determination of Sales at Less Than Fair 

Value and Antidumping Duty Order: Certain Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam, 70 FR 5152 (February 1, 2005) (Vietnam 

Amended Final Determination & Order); 

collectively, the Shrimp AD Amended Finals and 

Orders. 

3As is often the case, the amended final 

determinations and antidumping duty orders were 

written and published as one document. Thus, 

although the amended final determinations and 

orders may be referenced together as the Shrimp AD 

Amended Finals and Orders, only the scope of the 

Shrimp AD Final Determinations and subsequent 

amended final determinations are at issue in this 

remand determination. 

redetermination issued by the 

Department of Commerce 

(‘‘Department’’) pursuant to the CIT’s 

remand order in the final and amended 

final determinations of the antidumping 

duty investigations of certain frozen 

warmwater shrimp from Brazil, 

Ecuador, India, the People’s Republic of 

China, Thailand, and the Socialist 

Republic of Vietnam. See Ad Hoc 

Shrimp Trade Action Committee, 

Versaggi Shrimp Corporation, and 

Indian Ridge Shrimp Company v. 

United States, Slip Op. 10–39 (CIT 

2010) (Ad Hoc IV). This case arises out 

of the Department’s final 

determinations 1 and amended final 

determinations 2 in the original 

investigations. Consistent with the 

decision of the United States Court of 

Appeals for the Federal Circuit (‘‘Federal 

Circuit’’) in Timken Co. v. United States, 

893 F.2d 337 (Fed. Cir. 1990) (Timken), 

the Department is notifying the public 

that Ad Hoc IV is not in harmony with 

the Shrimp AD Final Determinations 

and Shrimp AD Amended Finals and 

Orders. 

DATES: Effective Date: April 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Ave., NW., 

Washington, DC 20230; telephone: (202) 

482–2312. 

SUPPLEMENTARY INFORMATION: 

On July 1, 2009, the CIT remanded to 

the Department its decision to exclude 

dusted shrimp from the scope of the 

investigations, stating that the 

Department’s decision was unsupported 

by adequate reasoning and therefore 

contrary to law. See Ad Hoc Shrimp 

Trade Action Committee, Versaggi 

Shrimp Corporation, and Indian Ridge 

Shrimp Company v. United States, Slip 

Op. 09–69 (CIT 2009) (Remand Opinion 

and Order). Pursuant to the CIT’s 

remand instructions, the Department reexamined record evidence and 

considered whether dusted shrimp 

should be within the scope of the 

investigations. 

The Department released the Draft 

Results of Redetermination Pursuant to 

Court Remand (Draft Redetermination) 

to the interested parties for comment on 

September 22, 2009. After receiving and 

considering the comments from 

interested parties, on October 29, 2009, 

the Department filed its final results of 

redetermination pursuant to the 

Remand Opinion and Order with the 

CIT. See Final Results of 

Redetermination Pursuant to Court 

Remand, Court No. 05–00192, (October 

29, 2009) (Final Redetermination), 

found at http://ia.ita.doc.gov/remands/ 

09-69.pdf. In the remand 

redetermination, the Department 

determined that dusted shrimp should 

properly be included within the scope 

of the Shrimp AD Final Determinations 

and Shrimp AD Amended Finals and 

Orders.3 On April 14, 2010, the CIT 

affirmed all aspects of the Department’s 

remand redetermination. 

In its decision in Timken, 893 F.2d at 

341, the Federal Circuit held that, 

pursuant to section 516A(e) of the Tariff 

Act of 1930, as amended (‘‘Act’’), the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Department determination, and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

As a result of the Department’s finding 

that dusted shrimp should properly be 

included within the scope of the Shrimp 

AD Final Determinations and Shrimp 

AD Amended Finals and Orders, the 

CIT’s decision in this case on April 14, 

2010, constitutes a final decision of that 

court that is not in harmony with the 

Department’s final and amended final 

determinations of the original 

investigations. This notice is published 

in fulfillment of the publication 

requirements of Timken. Accordingly, 

the Department will continue the 

suspension of liquidation of the subject 

merchandise pending the expiration of 

the period of appeal or, if appealed, 

pending a final and conclusive court 

decision. In the event the CIT’s ruling is 

not appealed or, if appealed, upheld by 

the Federal Circuit, the Department will 

instruct U.S. Customs and Border 

Protection to collect cash deposits for 

entries of dusted shrimp. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: April 22, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–10009 Filed 4–27–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–888] 

Floor-Standing, Metal Top Ironing 

Tables and Certain Parts Thereof From 

the People’s Republic of China: 

Extension of Time Limit for Preliminary 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

DATES: Effective Date: April 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Heaney or Robert James, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington 

DC 20230; telephone: (202) 482–4475 

and (202) 482–0649, respectively. 


sroberts on DSKD5P82C1PROD with PROPOSALS